VKTT and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the mandatory cancellation of the applicant's Class TY Subclass 444 Special Category (Temporary) visa. The applicant did not pass the character test, and the central question was whether there was another reason to revoke the mandatory cancellation decision. The case was heard by Deputy J Sosso P.

The legal issues before the court were to consider and apply Ministerial Direction No. 79, specifically focusing on the primary consideration of protecting the Australian community from criminal or other serious conduct. This involved assessing the nature and seriousness of the applicant's past conduct, including the frequency and increasing seriousness of offending, cumulative effects of repeated offending, and whether the applicant had re-offended after receiving warnings. The court also had to consider other factors, including the applicant's conduct since arriving in Australia and any mitigating circumstances.

The court reasoned that the applicant's offending history, encompassing physical harm and threats of harm, resistance and assault of police officers, and a significant number of convictions in both New Zealand and Australia, demonstrated a disregard for the law. The court noted a concerning trend of increasing seriousness in the applicant's Australian offences and highlighted that the applicant had re-offended despite receiving written warnings about the consequences for his migration status. While acknowledging evidence of the applicant's positive contributions to his community, such as assisting elderly neighbours and providing financial and practical support to others, the court found that these mitigating factors did not outweigh the seriousness of his criminal conduct and the risk posed to the Australian community.

The court affirmed the decision to refuse to revoke the mandatory cancellation of the applicant's visa.